CC Resolution 8287
Resolution No. 8287
BEING A RESOLUTION OF NECESSITY
THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN
PROCEEDINGS FOR THE ACQUISITION OF A PORTION
OF SANTA CLARA COUNTY ASSESSOR'S PARCEL NO. 412-09-038
IN CAMPBELL, CALIFORNIA
WHEREAS, the public interest and necessity require the
construction of paving, curbs, gutters and sidewalk, street
lighting and street trees to improve vehicular and pedestrian
access, and ensure the public health, safety and welfare;
WHEREAS, the property described in Exhibit A attached hereto
lies within the area necessary to be taken for the construction
and implementation of the aforementioned construction of paving,
curbs, gutters and sidewalk, street lighting and street trees;
WHEREAS, the property described in Exhibit A is to be taken
for the improvement of a public right-of-way pursuant to
California Streets and Highways Code Section 4090, California
Government Code section 37350.5, California Streets and Highways
Code section 10102, and California Code of civil Procedure
Section 1240.010;
WHEREAS, the City has made an offer to purchase the property
described in Exhibit A pursuant to section 7267.2 of the
California Government Code, which offer was based on an appraisal
of the fair market value for the property and included a written
statement and summary of the basis for the amount established as
just compensation;
WHEREAS, the offer was not accepted by the owners;
WHEREAS, the property owners have been notified, pursuant to
California Code of civil Procedure Section 1245.235, that the
City intends to adopt a Resolution of Necessity to acquire the
property by eminent domain, that the owner has the right to
appear and be heard upon written notification within 15 days
after mailing of the City's notification; and that failure to
file a written request to be heard will result in waiver of the
right to appear and be heard;
WHEREAS, the City has made available the opportunity for the
owners to be heard on the matters referred to in Code of civil
Procedure section 1240.030; and
WHEREAS, the City Council is the legislative body of the City
of Campbell;
NOW, THEREFORE, BE IT RESOLVED, that the city Council of the
City of Campbell finds and determines the following pursuant to
Code of Civil Procedure section 1245.230:
1. The public interest and necessity require the proposed
right-of-way improvements;
2. The proposed project is planned and located in the
manner that will be the most compatible with the greatest public
good and the least private injury;
3. The property shown in the attached Exhibit A is
necessary for the proposed project; and
4. The offer of acquisition required by section 7267.2 of
the Government Code has been made to the owner of record.
BE IT FURTHER RESOLVED by the City Council of the City of
Campbell to acquire by eminent domain that certain real property
described in Exhibit A, in accordance with California Government
Code section 37350.5, California streets and Highways Code
section 4090, California streets and Highways Code section 10102,
and California Code of civil Procedure sections 1240.010 et seg.
BE IT FURTHER RESOLVED this Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this ~ day of
by the following roll call vote:
May
, 1992,
AYES:
Councilmembers:
Kotowski, Conant, Ashworth, Watson, Burr
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
APPROVED:
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Donald R. Burr, Mayor
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Barbara Kee, "d' ty Clerk
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EXHIBIT A
That parcel of land in the City of Campbell, County of Santa Clara, State of
California, described as follows:
BEGINNING at the most westerly comer of Lot 22 in Block 2 as shown on the
Map of Rucker's Addition in the Town of Campbell, recorded May 20, 1895 in
Book "F' of Maps at page 9, records of said county; thence, along the
northwesterly line of said Lot N. 31051'28" E., 2.00 feet; thence, leaving said line
S. 58006'29" E., 90.83 feet to the beginning of a curve; thence, along a 23.00-foot-
radius curve concave to the north, through a central angle of 90002'03", an arc
distance of 36.14 feet to the northeasterly line of said Lot; thence, along said line
S. 310 51'28" W., 25.02 feet to the southwesterly line of said Lot; thence, along
said line N. 58006'29" W., 113.84 feet to the point of beginning.
Containing an area of 341 square feet more or less.